C.S. BIJO Vs. CHANGANACHERRY MUNICIPALITY

JUDGEMENT

(1.) EXT .P5 order and Ext.P6 order on appeal preferred by the petitioner before the Municipal Council are under challenge in this writ petition.

(2.) THE petitioner is in possession of 2.02 ares of land in Re.Sy.No.16/1 of Vazhappilly East Village. The petitioner alleges that he wanted to construct a shop cum office building in the aforesaid property. According to him, the building plan for the proposed construction of the building was approved by the Secretary of the respondent Municipality and Ext.P2 building permit dated 30.04.2011 was also issued. He constructed a building in the property as per the approved plan and submitted completion certificate to the respondents on 26.07.2012. As the same was not considered by the respondent Municipality, he approached this Court with WP(C) No.15576/2013, which was disposed of by Ext.P4 judgment dated 24.10.2013 directing the Secretary of the respondent Municipality to take necessary follow -up action on the petitioner's completion certificate after inspecting the construction put up by him. Subsequently, Ext.P5 order was passed rejecting the petitioner's application submitted for occupancy, stating that the building constructed by the petitioner is included in the "Park and Open Space Zone". Against that, he preferred an appeal before the Municipal Council, which was also dismissed by Ext.P6. It is with this background, the petitioner has come up before this Court.

(3.) HOWEVER , at the time of hearing, the learned counsel for the respondent Municipality submitted that the petitioner has an alternate remedy by filing an appeal before the Local Self Government. Evidently, and admittedly too, the petitioner has constructed a building only with the sanction and permit issued by the 2nd respondent as evident from Exts.P1 and P2. He submitted completion certificate as early as on 26.07.2012 as evidenced by Ext.P3 receipt issued by the respondent Municipality. After the intervention of this Court, the respondent passed Ext.P5 order against the petitioner, which was appealed against before the Municipal Council. The Municipal Council, by Ext.P6, dismissed the appeal.